“Joanna Horsnail is amazing.” “She is incredibly efficient, practical and strategic. She's also intellectual and she knows the documents inside and out.”Chambers USA 2021
Joanna Horsnail is the office managing partner for Mayer Brown’s Chicago office and is a construction and government transactions attorney. Her practice focuses on the following areas:
Design and Construction. Represents public and private owners, developers, lenders, and contractors regarding the design, construction, development, financing, acquisition, and disposition of facilities, including various public-private partnership projects. Other experience includes traditional power projects, renewable energy projects, and other infrastructure projects. Joanna negotiates and prepares EPC contracts, design and construction agreements, concession agreements, sponsorship agreements, naming rights agreements, leases, service agreements, purchase agreements, operation and maintenance agreements, consulting contracts and various project-management agreements. Joanna is recognized by Chambers USA 2021 for Construction and ranked as one of 15 “Leading Lawyers” by Legal 500 for Construction in the United States.
Public and Project Finance. Represents clients in tax-exempt financings as bond counsel, underwriters’ counsel, issuer’s counsel, and credit enhancer’s counsel. Joanna has participated in financings for the State of Illinois (bond counsel for $10 billion pension obligation bond financing, which was named a Bond Buyer Midwest deal of the year), the City of Chicago, the Board of Education of the City of Chicago, the Illinois Housing Development Authority, the Illinois Sports Facilities Authority, the Chicago Symphony Orchestra and other public and not-for-profit entities. Also works on construction-related aspects of project finance transactions, including representing lenders and sponsors.
General Governmental Representation. Provides general counsel to government bodies engaged in activities such as construction, privatization, economic development, procurement, complex developments and special projects. She has negotiated and documented sophisticated transactions involving the State of Illinois, the City of Chicago, the Illinois Sports Facilities Authority, and the Metropolitan Pier & Exposition Authority.
Joanna also serves as chair of Mayer Brown’s Diversity Steering Board.
Areas of Focus
Representative transactions include the following:
- Represented Unilever in a number of complex manufacturing plant design and construction contracts. Also counseled this client on a dispute with an engineering firm.
- Represented the Texas Department of Transportation in the negotiation of a design-build agreement and capital maintenance agreements for more than $2 billion in highway construction projects.
- Represented United Airlines in the design and construction of numerous design-build projects throughout the United States, including new kitchen facilities, training facilities, and a complex high technology baggage conveyor project.
- Represented food manufacturing company in the acquisition of several food processing facilities throughout the United States that were under construction. Representation included undertaking diligence and renegotiating terms of EPC, tax incentive and supply agreements.
- Represented Ascension Health in the creation of template IPD, master architect’s agreement, construction agreement, planning agreement and several forms of professional services agreements, and assist the client in contract oversight for more than 1,000 contracts.
- Assisted Takeda Pharmaceuticals North America with zoning, government incentives, development and construction of a 1.2 million square foot corporate headquarters campus in Deerfield, Illinois.
- Represented Benteler International AG in its construction of a $975 million hot rolling steel mill and related facilities near Shreveport, Louisiana. The representation included all aspects of site diligence, governmental incentives and leasing, as well as the negotiation of a number of large EPC, design, construction and supply contracts for the construction of the complex industrial facilities.
- Represented NorthShore University Health Systems in the negotiation and drafting of multiple construction, design and consulting contracts for hospital and health facility new construction, renovations and expansions, as well as drafting a suite of form contracts for the client to use in the future. We also represented the client in the drafting and negotiation of an “integrated project delivery” contract for a complex hospital renovation.
- Represented a US-based energy client in the in the negotiation of multiple EPC contracts relating to the development of a power plant and Liquefied Natural Gas (LNG) terminal and transmission facilities in El Salvador. Also represented this client in negotiating an EPC agreement in Mexico.
- Represented Caterpillar as EPC contractor in the negotiation of multiple EPC contracts for projects in the US and Canada. Presented at a series of in-house construction contracting seminars for Caterpillar legal and business teams.
- Representing a Japanese consortium of global companies engaged to negotiate the EPC contract and design and build the multi-billion dollar infrastructure for the Texas highspeed rail project that will run between Dallas and Houston.
- Represented Bristol-Myers Squibb in the negotiation and drafting of design, construction and procurement documents for a $900 million biologics manufacturing facility near Cruiserath, Ireland.
- Represented the Metropolitan Pier & Exposition Authority of Chicago in the negotiation and drafting of design-build contracts for the McCormick Place Convention center expansion and a design-build contract for the development of the $120 million convention center hotel and related operating and management agreement.
- Represented the City of Chicago in the negotiation of a 20-year design/build/install/maintain contract relating to thousands of pieces of “street furniture” provided by JCDecaux.
- Designated lenders’ counsel on the FasTracks Eagle P3 commuter rail expansion project in Denver, Colorado. This is the most significant rail transit project undertaken and implemented as a P3 in the US. This project was named 2010 North American Transport Deal of the Year by Project Finance magazine and a Regional Deal of the Year by The Bond Buyer.
- Represented Japanese member of consortium bidding to construct new metro railway system in Panama City, Panama.
- Represented Acciona Energy North America in the negotiation and drafting of engineering, consulting and construction agreements for numerous wind farms in Oklahoma, Texas and Canada, as well as miscellaneous EPC matters, turbine supply agreements and transportation agreements. Also representing this client in development of agreements for solar energy project.
- Represented power producer in the Dominican Republic in negotiation of EPC contract and related documents for construction of 215 MW dual-fuel power plant.
- Represented a Japanese company in its EPC negotiations to build a gas pipeline in Mexico for a Mexican utility.
- Represented Crestwood in EPC negotiations to bid for the construction of a gas pipeline in Texas.
Chicago-Kent College of Law, Illinois Institute of Technology, JD
Order of the Coif
Chicago-Kent Law Review
University of Colorado, BS
- Board of Directors of Cabrini Green Legal Aid
- Member of Misiricordia Women’s Board
- Leadership Greater Chicago, Fellow 2015
- Women in Public Finance (Past President); recipient of the 2007 Woman of the Year Award